Amendment
Bill No. CS/HB 1179
Amendment No. 264297
CHAMBER ACTION
Senate House
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1Representative Burgin offered the following:
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3     Amendment (with title amendment)
4     Remove line 476 and insert:
5     Section 11.  Effective October 1, 2009, paragraph (c) is
6added to subsection (2) of section 320.0609, Florida Statutes,
7to read:
8     320.0609  Transfer and exchange of registration license
9plates; transfer fee.--
10     (2)
11     (c)  If a retail sale by a licensed independent motor
12vehicle dealer results in the transfer of a registration license
13plate, a temporary tag shall be issued and displayed during the
14time that the application for transfer of such registration
15license plate is being processed unless the department's records
16reflect that the transfer has occurred. However, this paragraph
17shall not apply to independent motor vehicle dealers that are
18owned by principals that also hold a franchise motor vehicle
19dealer license in this state. This paragraph is repealed June
2030, 2010.
21     Section 12.  Effective July 1, 2010, subsection (8) is
22added to section 320.0609, Florida Statutes, to read:
23     320.0609  Transfer and exchange of registration license
24plates; transfer fee.--
25     (8)(a)  When the owner of a vehicle transfers a
26registration license plate to a replacement or substitute
27vehicle acquired from a motor vehicle dealer licensed under this
28chapter, the dealer shall timely provide to the department, via
29an electronic system administered by the department for this
30purpose, information regarding the transfer which is required by
31the department. The dealer shall also give the owner written
32notice documenting the transfer if the dealer cannot timely
33provide the required transfer information to the department due
34to system or connectivity problems. The dealer shall maintain
35all records required by the department which must be open to
36inspection by the department or its agents during reasonable
37business hours. The dealer may charge the vehicle owner a fee to
38comply with this subsection. The department may charge a fee of
39$2 to be deposited into the Highway Safety Operating Trust Fund
40for each transfer in addition to any other fee imposed by law.
41     (b)  A dealer is not required to comply with paragraph (a)
42if the department's records are otherwise modified on the date
43of transfer to reflect that the transfer has occurred.
44     (c)  The department has authority to adopt rules pursuant
45to ss. 120.536(1) and 120.54 to administer this subsection.
46     Section 13.  Effective October 1, 2009, paragraph (m) is
47added to subsection (1) of section 320.131, Florida Statutes, to
48read:
49     320.131  Temporary tags.--
50     (1)  The department is authorized and empowered to design,
51issue, and regulate the use of temporary tags to be designated
52"temporary tags" for use in the following cases:
53     (m)  For a retail sale by a licensed independent motor
54vehicle dealer when an application for the transfer of a
55registration license plate is being processed. This paragraph is
56repealed June 30, 2010.
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58Further, the department is authorized to disallow the purchase
59of temporary tags by licensed dealers, common carriers, or
60financial institutions in those cases where abuse has occurred.
61     Section 14.  Except as otherwise expressly provided in this
62act, this act shall take effect July 1, 2009.
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T I T L E  A M E N D M E N T
71     Remove line 35 and insert:
72amending s. 320.0609, F.S., relating to the transfer and
73exchange of registration license plates and transfer fees;
74requiring that a temporary tag be issued and displayed during
75the time that an application for a transfer of a registration
76license plate is being processed; providing exceptions; amending
77s. 320.131, F.S.; authorizing the department to issue temporary
78tags for the time that an application for a transfer of a
79registration license plate is being processed; amending s.
80320.0609, F.S., relating to the transfer and exchange of
81registration license plates and transfer fees; requiring a
82licensed motor vehicle dealer to provide certain required
83information via an electronic system to the department when the
84owner of a vehicle transfers a registration license plate to a
85replacement or substitute vehicle acquired from the dealer;
86providing that the electronic system shall be administered by
87the department; requiring the dealer to give the owner written
88notice documenting the transfer if the dealer cannot provide the
89required transfer information to the department under certain
90circumstances; requiring the dealer to maintain certain records;
91providing for the dealer and the department to charge a fee;
92providing for exceptions; authorizing the department to adopt
93rules; providing effective dates.


CODING: Words stricken are deletions; words underlined are additions.